Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1887-04-12
The INTER. STATE LAW.

A Decision from n Federal Court Bear
ing upon the New Commerce Resula-
ton.
Portland, Or, April 10-Judge Deady,
in the United States circuit court of
Oregon, has rendered decision as to
the scope and range of the interstate
commerce act, which is of the highest
importsn and virtually nullifies the
long and short haul clause of the act so
far as it effects railroads that are COM
petitors OF water routes. It makes clear
the distinction between commerce
w.1ollg within the states and commerce
between the states, and also ex-
plains the limitations Of the act as to
carriage of goods between states by
lines connecting with, but acting inde-
pendently of each other and not receiv-
ing goods for continuous carriage or
shipment. The case under consideration
wss that of the receiver of the Oregon Il
| California railroad company, o road
lying wholly within the state OF Oregon.
1t appears from the petition that the re.
ceiyer, acting under the instructions Of
the court, has been carrying wheat and
other agricultural products OF the state
destined to San Francisco from certain
points along the line of the road where
there is competition with the Oregon
Pacific railway company, at
SPECIAL AND LOWER RATES
than il destined for Portland alone; th at
such products are taken from Portland
to San Francisco at q special rate ON the
steamers of the Oregon railway and Ma.
vigation company; that such steamers
also carry goods at special rates on theil
return trip from San Francisco to Port
land destined to the points aforesaid
along the line of the Oregon & California
road, which goods are carried on the
latter road to their places of destination
at special and lower rates than those
} charged for goods shipped from Pert
] land for other and non-competing point
on said road; that the Oregon Paclti
railway company is operating q line o
railway in conjunction with line 0
steamers between Yaquima Bay, Oregol
s and San Francisco and is avowedly carry
a ling freight to points on the Oregon
California road at cost, and that unles
ithe receiver is allowed to make specir
8 rate for freight between the points SUI
n ii iect to this competition said 1oa
will not be able to retain its share c
business; that although the Oregon
California railway company and the Ore
q gon Railway and Navigation company
/. in making special rates as aforesaid, pu
Il pose to obtain each for itself the carriae
nj of goods which otherwise they migt
lose, yet there is
. NO AGREEMENT OR GUARANTEE II
between them on the subject, nor is sue
Ie freight ever shipped on through bill
iading, or the one party in any VII
20 made liable for the default or misca
i riaRe OF the other road in respect they
III to. But each for itself carries the san
OF over its own route, it being understot
e. by the shippers that if they send goot
%. by these lines they will be carried ov
: each at certain reduced rate, and th
Nv the Oregon California road and Il
& Oregon Railway and Navigation stear
d. ers are not under any common contr
management or arrangement Tor a GO
tinuous carriage or shipment in q
manner unless the facts herein stat
9h make them 80, aud on this point the
~ ceiver asks the advice and direction
we the court. Judge Deadly rules:
h;e F.rst-Inter- state commerce. 1
W transportation of property from one st'
OF to another is Interstate CONNER
Ige whether the carriers engaged in movi
ew 1t or the vehicles in which it is bol
= 20 CROSS the line of the state or not.
Second-Tnter-state commerce {
Use This act does not include Or apply to
of carriers engaged in Interstate comnel
in but only such as use railway, or
on. way and water craft "under common G
c,,{ ant ri n n
'ta, tinuous carriage or shipment" OF prof.
cen ty from one state to another; nor doe
AIS apply to the carriage Of property by
'itn wholly within the state, although 81
Sal ped from or destined to place with
lme the state, so that such place is not il
usl. foreign country. q !.
out Third--Case in judgment. FL
SUIT that the Oregon & California road
lcai the steamers or the Oregon rail
tne and Navigation company, IN the
7ele riage OF the goods in question, are
en- "used under any common con
Also management or arrangement for
and tinucns carriage Of shipment" thel
no to and from San Francisco, within
Intent and meaning OF the act, and
tion the carriage and handling OF saad go
,,,ed SO far as the receiver is copcerned
,o,v performed wholly within the state.
80 therefore specially exempted by
IBIS terms OF the act from its opera
and provided the same are not dir
ratio shipped to and from foreign eonnt